Department of Transportation Proposes Dramatic Rollback of Corporate Average Fuel Economy (CAFE) Standards
On December 3, in connection with a highly publicized announcement in the Oval Office and a statement from the White House, the Department of Transportation proposed a rulemaking that would reset Corporate Average Fuel Economy (CAFE) standards for passenger cars and light trucks sold in the United States for model years 2022-2031. Along with Congress’s recent elimination of civil penalties for CAFE noncompliance, the proposal would roll back more stringent fuel economy targets set in previous Administrations—including the first Trump Administration. The proposed changes have significant implications for, among other things, the electric vehicle market.
Open for Business: A Look at NHTSA Auto Safety Investigations in the Second Trump Administration
The second Trump administration has seen drastic changes in the enforcement practices of many federal regulatory agencies. One area where investigative activity continues to be robust is auto safety. The National Highway Traffic Safety Administration (NHTSA) has, in, recent months, been opening investigations at a brisk pace. Some of NHTSA’s work, particularly relating to autonomous operations and counterfeit equipment, has attracted substantial public attention. Other investigations have been more business as usual.
The Trump Administration’s Pushback Against a Global Shipping Carbon Levy
The International Maritime Organization (IMO), the United Nations agency tasked with regulating global shipping, has proposed an international carbon pricing scheme on shipping. The maritime shipping sector has increasingly faced global scrutiny as the contributor of 3% of global greenhouse gas emissions, and IMO’s proposed mechanism would serve as the first global emissions pricing mechanism affecting the shipping sector.
OMB’s Office of Information and Regulatory Affairs Issues New Guidance to Accelerate Deregulatory Actions
On October 21, the Office of Information and Regulatory Affairs (OIRA) in the White House Office of Management and Budget (OMB) issued a memorandum aimed at providing guidance for “Streamlining the Review of Deregulatory Actions” to federal agencies. The guidance follows recent Executive Orders (EOs) and a Presidential Memorandum issued earlier in the Trump Administration that emphasized the Administration’s focus on deregulation as a driver of economic growth and government efficiency.
Trump EPA Releases First Regulatory Agenda of Second Term – Key Takeaways and Timelines
The Trump Administration’s Spring 2025 Unified Agenda underscores the EPA’s central role in reshaping federal regulations. From PFAS standards to greenhouse gas rules and permitting reforms, the agenda highlights rollbacks of climate-related measures while introducing new compliance timelines. Companies should prepare now to engage on rules that will directly impact operations in energy, manufacturing, and beyond.
Department of Energy Blocks Shutdown of Coal-Fired Power Plant and Oil- and Gas-Fired Generator Units With Federal Emergency Orders
On May 23, 2025 and May 30, 2025, the Department of Energy (DOE) issued two emergency orders under its Federal Power Act (FPA) Section 202(c) authority effectively delaying the closure of two power plants. DOE Order No. 202-25-3 (hereinafter, the Campbell Order) requires the Midcontinent Independent System Operator (MISO) and Consumers Energy to “take all measures necessary” to ensure that the 1,560 MW coal-fired J.H. Campbell Power Plant (Campbell Plant) in West Olive, Michigan — originally slated for retirement on May 31, 2025 — is “available to operate” until the expiration of the order on August 21, 2025. DOE Order No. 202-25-4 (hereinafter, the Eddystone Order) similarly requires PJM Interconnection (PJM) and Constellation Energy to keep 760 MW of oil- and gas-fired peaking capacity — also set to retire on May 31, 2025 — at the Eddystone Generation Station (Eddystone Station) in Pennsylvania available until August 28, 2025. There is also the potential of extensions of these expiration dates.
Department of the Interior Accelerates Permitting for Oil and Gas, Adopts 28-Day Mandate
In response to the Trump administration’s push to increase U.S. energy output by declaring a national energy emergency, the Department of the Interior (the Interior) has released plans to aid the administration’s goals. These include the Interior’s Emergency Permitting Procedures intended to accelerate and streamline review and approval of certain energy projects, primarily oil and gas. Bypassing formal rulemaking, the Interior cites its authority during emergencies to implement “alternative processes” to comply with the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Endangered Species Act (ESA). The alternative processes are available to current and future applicants so long as they affirm in writing to the Interior that they qualify for and want to avail themselves of the expedited processes.
NHTSA Announces New Policies to Promote Autonomous Vehicles
On April 24, 2025, the Department of Transportation announced the new Automated Vehicle (AV) Framework from the National Highway Traffic Safety Administration (NHTSA). The announcement, which was accompanied by a video from the Secretary of Transportation, included two new policy developments. First, NHTSA released a Third Amended version of its Standing General Order on Automated Driving Systems (ADS) and Advanced Driver Assistance Systems (ADAS). Second, NHTSA announced that it would expand its exemption program for autonomous vehicles that do not fully comply with NHTSA’s Federal Motor Vehicle Safety Standards. This update discusses both developments and their broader implications.
Fish and Wildlife Revives Incidental Take Saga Under the Migratory Bird Treaty Act
In latest saga surrounding the formidable Migratory Bird Treaty Act (MBTA or Act), the U.S. Fish and Wildlife Service on April 21, 2025, withdrew its 2021 advance notice of proposed rulemaking to potentially authorize the incidental taking or killing of migratory birds, consistent with its interpretation of the Act. The 2021 advance notice promised a new regulatory scheme possibly authorizing the incidental take of migratory birds — a practice that would have broken with pre-2017 MBTA interpretation but more practically implement the Act in response to various needs, such as infrastructure permitting and development.
President Trump’s Executive Order Seeks to Initiate Immediate Measures to Increase American Mineral Production
On March 20, 2025, President Donald J. Trump issued an executive order (the Order) directing the Department of Defense, the Department of Energy, and other agencies involved in the financing and permitting process for domestic mining production to develop plans and take specific steps to enhance domestic mineral production in the United States (the U.S.).
